(a) Application. The registration requirements contained in this section shall apply to:
(1) All properties in default.
(2) All REO properties.
(b) Registration. The responsible party for a property in default, including, but not limited to, a lender or servicing company, shall register the property with the Building Department within 30 days of the recording of the notice of default or, if the notice of default was issued prior to the effective date of this chapter, within 60 days of the effective date of this chapter.
The responsible party for a REO property, including, but not limited to, a lender or servicing company, shall register the property with the Code Enforcement Department within 30 days of the transfer of title or, if the title was transferred prior to the effective date of this chapter, within 60 days of the effective date of this chapter.
The registration shall be filed on city-approved forms which shall require the following information, as well as any additional information deemed necessary by the Chief Building Official (or designee): (Ord. 128-2012. Passed 8-27-12.)
(1) The name and mailing address of the responsible party, and whether the party is the beneficiary, beneficiary's designated agent, owner, or owner's designated agent. (Ord. 178-2013. Passed 9-30-13.)
(2) A direct contact name and phone number for the responsible party.
(3) Whether the property is vacant or shows evidence of vacancy.
(4) If the property is vacant or shows evidence of vacancy, a statement describing the expected period of vacancy, a detailed plan for the regular maintenance of the property during the period of vacancy, and a timeline for the lawful re-occupancy of the property or for the rehabilitation or demolition of the property is required.
(5) If the property is vacant or shows evidence of vacancy and the responsible party is located more than 30 miles outside of the city limits, the name, street address, telephone and facsimile number of a local property management or property preservation company responsible for the maintenance and security of the property is required.
(Ord. 128-2012. Passed 8-27-12.)
(c) Maintenance Bond. Any owner of a vacant and/or foreclosing property shall provide a cash bond acceptable to the Chief Building Official (or designee), in the sum of not less than ten thousand dollars ($10,000), to secure the property throughout its vacancy and remunerate the City for any expenses incurred in mowing grass, trash or debris removal, inspecting, securing, marking or making such building safe. A portion of said bond shall be retained by the City as an administrative fee to fund an account for the administration of the enforcement of the maintenance bond. The Director of Public Safety shall determine the rate for the administrative fee and shall provide written notice to City Council of that rate. Any owner of a vacant or foreclosing property providing a bond pursuant to this section must also provide bonds for all other vacant or foreclosing properties owned in the city. (Ord. 255-2013. Passed 12-30-13.)
(d) Updating the Registry. Any change in the information provided to the registry including, but not limited to, a change in the identity of the responsible party, a change in the vacancy status of the property, and any change in contact information, shall be provided to the registry within ten (10) days of the date of the change.
(e) Annual Renewal. The initial registration shall be effective for the duration of the calendar year in which it is made. For any registered property that is still subject to the registration requirements of this section on January 1 of each year, the responsible party must submit a renewed registration by no later than January 31 of that year.
(f) Fees. The responsible party shall pay a non-refundable fee of one hundred twenty-five dollars ($125.00) for each registered property to cover the costs of the registry including, but not limited to, initial creation of the registry; ongoing maintenance of the registry; inspection and investigation of registered properties to ensure that the information recorded in the registry is current and accurate; inspection and investigation of registered properties conducted by Code Enforcement Department to ensure that they have not fallen into disrepair or are otherwise not in compliance with the requirements of Section 1353.05
and/or any other applicable requirements; and the administrative costs incurred in determining the appropriate fee. These costs shall be determined annually by the City.
This fee shall be paid with the initial registration and with each annual renewal.
(g) Penalties. Any responsible party that fails to comply with the registration requirements of this section shall become personally responsible for a penalty of three hundred dollars ($300.00) per day for each day of non-compliance; except that commencing ten (10) calendar days after the date of the Chief Building Official's (or designee's) notification of failure to comply, the penalty shall be five hundred dollars ($500.00) per day for each day for non-compliance, with a maximum total penalty of one hundred thousand dollars ($100,000.00).
If the Chief Building Official (or designee) determines that a responsible party has failed to comply with the registration requirements of this section, the Chief Building Officials (or designee) shall notify such party within ten (10) days of this determination at the last known address as provided in Section 1301.12 of the failure to comply with this section, the penalties currently due, and the daily accrual of penalties.
A responsible party shall be liable for interest on any unpaid penalties accrued at the same annual rate as civil judgments.
(h) Terminating Registration. If a registered property becomes no longer subject to the registration requirements of this section, the responsible party shall report this information to the registry within ten (10) days.
(Ord. 128-2012. Passed 8-27-12.)
(i) This section shall not apply to actions filed by the County Prosecutor's office, Canton City Law Department or actions filed by County land banks.
(Ord. 178-2013. Passed 9-30-13.)